Tender Notice Hiring of Bus on Monthly Rental Basis …pamco.bz/downloads/Bid documents for Hiring...

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Bidding Document For Security Services Signature & Stamp

Tender Notice

Hiring of Bus on Monthly Rental Basis for Pick &

Drop of Staff

Punjab Agriculture & Meat Company (PAMCO) is a non-profit Organization established

under Section 42 of the Companies Ordinance, 1984. PAMCO has established a state of the art

abattoir at Lahore for the provision of Halal, healthy and hygienic meat to cater the local need

and to export to the globe. PAMCO intends to hire a transportation company for provision of 42

seater bus on monthly rental basis for pick and drop of its staff. Interested parties may send

sealed envelope containing Financial & Technical bid against said services.

Sealed envelopes should reach at the under given address on or before 16th August, 2016, till

03:00 pm along-with 2% of total estimated price i.e. Rs: 1,200,000/- annual as bid security

(refundable) through CDR/Demand Draft (DD)/Pay order(PO) in favor of “Punjab Agriculture &

Meat Company”. Tender will be opened at 03:30 pm on the same day in the presence of all

applicants or their authorized representatives. Bidding Documents are immediately available

from PAMCO Office by paying Pay order of Rs.1,000/- title (Punjab Agriculture & Meat

Company) and complete term & condition are available in tender document. PAMCO may reject

all bids at any time prior to acceptance of a bid as per PPRA rules.

Manager Finance Punjab Agriculture & Meat Company

18 km, Shahpur Kanjran, Multan Road Lahore Ph.042-35971430-33, URL: www.pamco.bz

http://www.pamco.bz/

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Biding Document for Provision Hiring of Bus

on Monthly Rental Basis for Pick & Drop of

Staff

Doc No: PAMCO/Pro/2015-16/0006

Punjab Agriculture & Meat Comapny

(PAMCO)

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Tender Notice

Hiring of Bus on Monthly Rental Basis for Pick &

Drop of Staff

Punjab Agriculture & Meat Company (PAMCO) is a non-profit Organization established

under Section 42 of the Companies Ordinance, 1984. PAMCO has established a state of the art

abattoir at Lahore for the provision of Halal, healthy and hygienic meat to cater the local need

and to export to the globe. PAMCO intends to hire a transportation company for provision of 42

seater bus on monthly rental basis for pick and drop of its staff. Interested parties may send

sealed envelope containing Financial & Technical bid against said services.

Sealed envelopes should reach at the under given address on or before 16th August, 2016, till

03:00 pm along-with 2% of total estimated price i.e. Rs: 1,200,000/- annual as bid security

(refundable) through CDR/Demand Draft (DD)/Pay order(PO) in favor of “Punjab Agriculture &

Meat Company”. Tender will be opened at 03:30 pm on the same day in the presence of all

applicants or their authorized representatives. Bidding Documents are immediately available

from PAMCO Office by paying Pay order of Rs.1,000/- title (Punjab Agriculture & Meat

Company) and complete term & condition are available in tender document. PAMCO may reject

all bids at any time prior to acceptance of a bid as per PPRA rules.

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Manager Finance Punjab Agriculture & Meat Company

18 km, Shahpur Kanjran, Multan Road Lahore Ph.042-35971430-33, URL: www.pamco.bz

1. Overview of facility and scope of work: Punjab Agriculture & Meat Company (PAMCO) is managing an abattoir situated at Shahpur

Kanjran, Lahore. PAMCO requires the provision of services for 42 seater bus for staff pick &

drop services.

2. Services Required (Scope of Work):

2.1 Punjab Agriculture & Meat Company intends to hire a Bus (42 Seats, Non-Air

Conditioned & good conditioned) on monthly rent basis for Daily Pick & Drop

service/facility to PAMCO staff through sealed bids to be submitted on August 16, 2016

till 03:00 pm which shall be opened at 03:30 pm on the same day by Punjab Agriculture

& Meat Company designated Committee in the presence of all the bidders or their

authorized representatives who may choose to attend. Late submission of Tender/Bid

Documents after due date and time shall not be entertained.

2.2 Detail of route of Bus required for pick & drop services/facility, is as under

http://www.pamco.bz/

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Pick & Drop Timing Route Appox Travel

Pick Timing 12:00 pm to 02:00

pm (First Shift)

18-Km Shahpur Kanjran Multan

Road to Sannat Nagar to 18-Km

Shahpur Kanjran Multan Road

60 Km

Pick Timing 05:00 pm to 07:00

pm (Second Shift)


Road to Old Bakar Mandi (Bund

Road) to Mohnalwal to 18-Km


40 Km

Drop Timing 10:00 pm to 12:00

am (First Shift)


Road to Sannat Nagar to 18-Km


60 Km

Drop Timing 05:00 am to 07:00

am (Second Shift)


Road to Old Bakar Mandi (Bund

Road) to Mohnalwal to 18-Km


40 Km

2.3 Interested Parties having their own good conditioned Bus (42 Seats, Non-Air

Conditioned) can participate in the bidding for provision of requisite pick & drop service

as per the routes mentioned above.

2.4 While quoting the Bid Amount in the enclosed Bid Form, the Bidders are required to

carefully read the Conditions of Contract, and all the contents of Tender Documents.

2.5 The successful bidder shall provide their own good conditioned Bus (42 Seats, Non-Air

Conditioned) for the above mentioned route.

2.6 Number of vehicles for pick & drop service can be increased keeping in view the number

of PAMCO employees availing pick & drop service. The successful bidder will be bound

to provide additional vehicle, if required by PAMCO, at the rent; which rent in no case

will be more than the quoted bid.

2.7 The Bid Amount quoted by the Bidder shall be subject to deduction of all applicable

government taxes and levies, etc, by PAMCO.

2.8 The Bid Amount shall be inclusive of all taxes (Federal Authorities & Provincial

Authorities), costs and expenses i.e Engine Oil, repair/Maintenance of deputed vehicle,

Salary of driver and other expenses, etc. Payment of such expenses shall be the

responsibility of the contractor. Any claim for such expenses during currency of the

contract period shall neither be accepted nor shall be paid by PAMCO due to any reason

whatsoever. Whereas Diesel for running of vehicle will provide by the PAMCO on actual

basis (log book should be maintained for the claim the POL).

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2.9 PAMCO shall not accept any claim or request for revision in bid amount and

subsequently in the contract cost/amount due to increase in the associated costs till

completion of the Contract Period. PAMCO shall not be liable to pay any amount/charges

claimed by the prospective bidder in this respect.

2.10 Pick & drop service on the above mentioned route shall be provided without interruption

for all official working days as notified by the PAMCO from time to time. However, the

successful bidder shall be bound to provide such services even on holidays, etc, on

request of PAMCO. Detail of existing schedule of official working days can be obtained

during office hours from Office.

2.11 No extra claim shall be accepted by PAMCO in case of any change in the schedule of

official working days by the PAMCO.

2.12 Timing schedule for pick & drop of the PAMCO Staff which is mentioned in clause 2.2

can be changed by the PAMCO’s management with the prior intimation to the successful

bidder. The Timing Schedule will be observed strictly.

2.13 No extra claim shall be accepted by PAMCO in case of any changes made by PAMCO in

the above mentioned route upto 7 Kilometers However, major changes in the route more

than 7 Kilometers shall be made with mutual consent of the parties.

2.14 The contract will be initially for a period of one (01) years (Extendable with mutual

consent).

2.15 Bidders shall indicate in the space provided in the Bidder’s Information Form and also in

the Bid Form their full and proper addresses at which notices may be legally served on

them and to which all correspondence in connection with their bids is to be sent.

2.16 The Contractor shall not assign or sublet the contract or any part thereof or any benefit

therein or hereunder without the written consent of PAMCO. PAMCO will consider the

request on case to case basis.

2.17 The Contractor shall ensure availability of all relevant equipments, tools, wheel

pana/jack, batteries, extra tyres, etc, in deputed vehicles necessary to provide un-

interrupted pick & drop service to PAMCO employees.

2.18 In case of emergency break down of the duty vehicle deputed by the Contractor for pick

& drop service of PAMCO employees, the contractor shall provide pick & drop facility

without any delay by immediately arranging substitute vehicle of the same condition

having all requisite facilities.

2.19 The Authorized representative of PAMCO and the Contractor shall mutually decide the

matter concerning temporary discontinuation of pick & drop service for a specific

working day due to any major disturbances in the city.

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2.20 In case of non-provision/discontinuation of pick & drop facility by the Contractor for one

or more of the official working days in a month but not more than 07 (Seven) consecutive

days in a month, deduction on monthly basis as per following formula shall be made from

monthly claim of the contractor as mentioned in Annex-I.

3. Key Service-level Parameters:

In case of non-performance of the service provider for scope of work/responsibility or its

Obligation, fines shall be charged as defined in Annexure-J. Such fines shall be limited to 05 %

(Five percent) of the annual contract value. If the cumulative amount of such fines exceeds 05 %

of the annual contract value, then it shall be considered as event of default on part of the service

provider.

4. Tender Security:

4.1 The Tenderer shall furnish the tender Security as part of the financial bid envelope,

failing which will cause rejection of bid; as under:

4.2 In the form of Bank Guarantee, issued by a scheduled bank operating in Pakistan, in the

name of the Purchaser, as per the format provided in the Tender Document or in form of

Call Deposit Receipt(CDR)/Demand Draft (DD)/Pay Order (P.O) from scheduled bank;

4.3 2% of estimated price i.e 1,200,000/- (One Million Two Hundred Thousand Only) annual

(Rs: 100,000/- per month).

4.4 Have a minimum validity period of 180 days from the last date for submission of the

Tender or until furnishing of the Performance Security, whichever is later.

4.5 The proceeds of the Tender Security shall be payable to the Purchaser, on the occurrence

of any / all of the following conditions:

4.5.1 If the Tenderer withdraws the Tender during the period of the Tender validity

specified by the Tenderer on the Tender Form; or

4.5.2 If the Tenderer, having been notified of the acceptance of the Tender by the

Purchaser during the period of the Tender validity, fails or refuses to furnish the

Performance Security, in accordance with the Tender Document.

4.5.3 If the tenderer fails to provide the performance security in stipulated timeframe or

format.

4.6 The Tender security shall be returned to the technically unsuccessful Tenderer with

unopened/sealed financial bid, as well as to the unsuccessful bidders following the

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financial bid opening procedure. The Tender Security shall also be returned to the

successful Tenderer on furnishing the Performance Security.

5. Tender Validity:

The Tender shall have a minimum validity period of Ninety (90) days from the last date

for submission of the Tender. The Purchaser may solicit the Tenderer's consent to an

extension of the validity period of the Tender. The request and the response thereto shall

be made in writing. If the Tenderer agrees to the extension of validity period of the

Tender, the validity period of the Tender security shall also be suitably extended. The

Tenderer may refuse extension of validity period of the Tender, without forfeiting the

Tender security.

6. Modification / Withdrawal of the Tender:

6.1 The Tenderer may, by written notice served on the Purchaser, modify or withdraw the

Tender after submission of the Tender, prior to the deadline for submission of the Tender.

6.2 The Tender, withdrawn after the deadline for submission of the Tender and prior to the

expiration of the period of the Tender validity, shall result in forfeiture of the Tender

Security.

7. Opening of Tender:

Tenders shall be opened, at the given place, time and date, in the presence of the

Tenderer(s), if available, for which they shall ensure their presence without further

invitation.

8. Clarification of the Tender by the Purchaser:

The Purchaser shall have the right, at his exclusive discretion, to require, in writing,

further information or clarification of the Tender, from any or all the Tenderer(s). No

change in the price or substance of the Tender shall be sought, offered or permitted

except as required to confirm the corrections of arithmetical errors discovered in the

Tender. Acceptance of any such correction is solid discretion of the Purchaser.

9. Determination of Responsiveness of the Tender:

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9.1 The Purchaser shall determine the substantial responsiveness of the Tender to the Tender

Document, prior to the Tender evaluation, on the basis of the contents of the Tender itself

without recourse to extrinsic evidence. A substantially responsive Tender is one which:

9.1.1 meets the eligibility criteria for the Tenderer for the Services;

9.1.2 meets the delivery period / point for the Services;

9.1.3 Offers fixed price quotations for the Services in PKR

9.1.4 is accompanied by the required Tender Security as part of financial bid envelope;

9.1.5 is otherwise complete and generally in order;

9.1.6 Conforms to all terms and conditions of the Tender Document, without material

deviation or reservation.

9.2 A material deviation or reservation is one which affects the scope, quality or performance

of the Services or limits the Purchaser's rights or the Tenderer's obligations under the

Contract.

9.3 The Tender determined as not substantially responsive shall not subsequently be made

responsive by the Bidder by correction or withdrawal of the material deviation or

reservation. However, the Purchaser may waive off any minor non-conformity or

inconsistency or informality or irregularity in the Tender; but subject to approvals of the

Tender Evaluation Committee.

10. Rejection / Acceptance of the Tender:

10.1 The Purchaser shall have the right, at his exclusive discretion, to accept a Tender, reject

any or all tender(s), cancel / annul the Tendering process at any time prior to award of

formal Contract, without assigning any reason or any obligation to inform the Tenderer of

the grounds for the Purchaser's action, and without thereby incurring any liability to the

Tenderer and the decision of the Purchaser shall be final.

10.2 The Tender shall be rejected if:

10.2.1 It is substantially non-responsive; or

10.2.2 It is submitted in other than prescribed forms, annexes, schedules, charts,

drawings, documents / by other than specified mode; or

10.2.3 It is incomplete, un-sealed, un-signed, printed (hand written), partial, conditional,

alternative, late; or

10.2.4 It is subjected to interlineations / cuttings / corrections / erasures / overwriting; or

10.2.5 The Tenderer fails to meet all the requirement of tender eligibility or qualification

criteria; or

10.2.6 The Tenderer engages in corrupt or fraudulent practices in competing for the

Contract award.

10.2.7 There is any discrepancy between bidding documents and bidder’s proposal i.e.

any non-conformity or inconsistency or informality or irregularity in the

submitted bid.

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10.2.8 The Tenderer submits any financial conditions as part of its bid which are not in

conformity with tender document.

11. Performance Security:

11.1 The successful Tenderer shall furnish Performance Security as under:

11.1.1 within ten (10) working days of the receipt of the Acceptance Letter from the

Purchaser;

11.1.2 in the form of a Bank Guarantee, issued by a scheduled bank operating in

Pakistan/payorder/CDR/AA rated Insurance guarantee, as per the format provided

in the Tender Document.

11.1.3 denominated in Pak Rupees;

11.1.4 Have a minimum validity period of one year from the date of Award Notification

or until the date of expiry of yearly support period.

11.1.5 The successful tenderer shall submit a performance security of 05% of the annual

contract value (Quoted monthly charges x 12 months).

11.1.6 The proceeds of the Performance Security shall be payable to the Purchaser, on

occurrence of any / all of the following conditions:

11.1.6.1 If the Service Provider commits a default under the Contract;

11.1.6.2 If the Service Provider fails to fulfill any of the obligations under the

Contract.

11.1.6.2 If the Service Provider violates any of the terms and conditions of the

Contract.

11.1.7 The Performance Security shall be returned to the Tenderer after 60 working days

after completion of contract.

12. Redressing of Grievances by the Purchaser:

12.1 The Purchaser shall constitute a committee comprising of odd number of persons, with

proper powers and authorizations, to address the complaints of bidders that may occur

prior to the entry into force of the procurement contract.

12.2 Any bidder feeling aggrieved by any act of the Purchaser after the submission of his bid

may lodge a written complaint concerning his grievances not later than fifteen days after

the announcement of the bid evaluation report.

12.3 The committee shall investigate and decide upon the complaint within fifteen days of the

receipt of the complaint.

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12.4 Mere fact of lodging of a complaint shall not warrant suspension of the procurement

process.

Contract for

Hiring of Bus on Monthly Rental Basis

for Pick & Drop of Staff

between

[Purchaser]

and

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[Service Provider]

Dated:

TABLE OF CONTENTS

Agreement

General Conditions of Contract

13. Contract

14. Contract Documents and Information

15. Contract Language

16. Insurance

17. Payment

18. Price

19. Assignment / Subcontract

20. Extensions in time for performance of obligations under the Contract

21. Liquidated Damages

22. Forfeiture of Performance Security

23. Termination for Default

24. Termination for Insolvency

25. Termination for Convenience

26. Force Majeure

27. Dispute Resolution

28. Statutes and Regulations

29. Taxes and Duties

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30. Contract Cost

31. Authorized Representative

32.Special Stapulations

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I. Agreement

This CONTRACT AGREEMENT (this “Contract”) made as of the [day] of [month], [year],

BETWEEN

Punjab Agriculture & Meat Company on the one part(hereinafter called the “Purchaser” which

expression shall include its successors, legal representatives and permitted assigns)

AND

[full legal name of Service Provider], on the other part (hereinafter called the “Service

Provider” which expression shall include the successors, legal representatives and permitted

assigns) severally liable to the Purchaser for all of the Service Provider’s obligations under this

Contract and is deemed to be included in any reference to the term “Service Provider.”

RECITALS

WHEREAS,

(a) The Punjab Agriculture & Meat Company intends to spend a part of its budget / funds

for making eligible payments under this contract. Payments made under this contract will

be subject, in all respects, to the terms and conditions of the Contract in lieu of Bus for

Pick & Drop Services as described in the contract.

(b) The Purchaser has requested the Service Provider to provide certain services as

described in Tender Document; and

(c) The Service Provider, having represented to the Purchaser that it has the required

professional skills, and personnel and technical resources, has agreed to provide such

services on the terms and conditions set forth in this Contract.

NOW THEREFORE, the Parties to this Contract agree as follows:

1. The Service Provider hereby covenants with the Purchaser to provide the services,

inconformity in all respects with the provisions of the Contract, in consideration of the

payments to be made by the Purchaser to the Service Provider.

2. The Purchaser hereby covenants with the Service Provider to pay the Service Provider,

the Contract Price or such other sum as may become payable, at the times and in the

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manner, in conformity in all respects with the provisions of the Contract, in consideration

of supply of the Services.

3. The following shall be deemed to form and be read and construct as part of this

Contract:

(a) The Tender Document

(b) Bidder’s Proposal

(c) Terms and Conditions of the Contract.

(d) Special Stipulations.

(e) The Technical Specifications

(f) Tender Form

(g) Price Schedule

(h) Affidavit(s)

(i) Authorized Dealership / Agency Certificate

(j) Performance Security

(k) Any Standard Clause acceptable for Purchaser

4. This Contract shall prevail over all other documents. In the event of any discrepancy

/inconsistency within the Contract, the above Documents shall prevail in the order listed

above.

5. Contractual obligations Roles and Responsibilities of Purchaser and Service Provider

as explained above in the document.

IN WITNESS whereof the Parties hereto have caused this Contract to be executed in accordance

with the laws of Pakistan as of the day, month and year first indicated above.

For [full legal name of the Purchaser]: For [full legal name of the Service Provider]:

Signature Signature

Name Name

Witnessed By: Witnessed By:

WITNESSES

Signature __________________ Signature ____________________

CNIC # __________________ CNIC # ____________________

Name __________________ Name ____________________

Designation__________________ Designation ____________________

Address _________________ Address __________________

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II General Conditions of Contract

13. Contract:

The Purchaser shall, after receipt of the Performance Security from the successful

Tenderer, send the Contract provided in the Tender Document, to the successful

Tenderer. Within ten working days of the receipt of such Contract, the Tenderer shall

sign and date the Contract and return it to the Purchaser.

14. Contract Documents and Information:

The Service Provider shall not, without the Purchaser's prior written consent, make use of

the Contract, or any provision thereof, or any document(s), specifications, drawing(s),

pattern(s), sample(s) or information furnished by or on behalf of the Purchaser in

connection therewith, except for purposes of performing the Contract or disclose the

same to any person other than a person employed by the Service Provider in the

performance of the Contract. Disclosure to any such employed person shall be made in

confidence and shall extend only as far as may be necessary for purposes of such

performance.

15. Contract Language:

The Contract and all documents relating to the Contract, exchanged between the Service

Provider and the Purchaser, shall be in English. The Service Provider shall bear all costs

of translation to English and all risks of the accuracy of such translation.

16. Insurance:

The Service Provider shall provide such insurance as is sufficient to protect against their

theft, damage or deterioration during course of the service, storage/transit to their final

destination as indicated in this Contract. The Service Provider shall arrange and pay for

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the insurance of the vehicle, equipment or any such item to the place of purchaser’s

destination.

17. Payment:

The procedure for payments to Service Provider shall be as under:

17.1 The Service Provider shall submit an Application for Payment (Invoice), in the

prescribed form, to the Purchaser. The Application for Payment shall: be

accompanied by such invoices, receipts or other documentary evidence as the

purchaser may require; state the amount claimed; and set forth in detail, in the

order of the Price Schedule, particulars of the Services provided, up to the date of

the Application for Payment and subsequent to the period covered by the last

preceding Certificate of Payment, if any.

17.2 The Purchaser shall issue a Certificate of Payment, in the prescribed form, with a

copy to the Service Provider, verifying the amount due, within seven days of

receipt of an Application for Payment. The Client may withhold a Certificate of

Payment on account of defect(s) / short coming(s) in the services provided. The

Client may make any correction or modification in a Certificate of Payment that

properly be made in respect of any previous certificate.

17.3 The Purchaser shall pay the amount verified in the Certificate of Payment within

thirty days (30) days of receipt of a Certificate of Payment. Payment shall not be

made in advance. The Purchaser shall make payment after deduction of applicable

tax, through cross cheque in name of service provider.

17.4 Payments shall be made against successful delivery of services as per required

plan and Services provided.

17.5 Payment shall be made after deduction of taxes at source (Income and Sales Tax)

whichever is applicable by the tax authorities (Federal or Provincial).

18. Price:

The Service Provider shall not charge prices for the services provided and for other

obligations discharged, under the Contract, varying from the prices quoted by the Service

Provider in the Price Schedule (Financial Bid).

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19. Assignment / Subcontract:

The Services will not assign or sub-contract its obligations under the Contract, in whole

or in part.

20. Extensions in time for performance of obligations

under the Contract:

If the Service Provider encounters conditions impeding timely performance of any of the

obligations, under the Contract, at any time, the Service Provider shall, by written notice

served on the Purchaser, promptly indicate the facts of the delay, its likely duration and

its cause(s). As soon as practicable after receipt of such notice, the Purchaser shall

evaluate the situation and may, at its exclusive discretion, without prejudice to any other

remedy it may have, by written order served on the Service Provider with a copy to the

Client, extend the Service Provider’s time for performance of its obligations under the

Contract.

21. Liquidated Damages (LD):

If the Service Provider fails / delays in performance of start of Service liquidated

damages @ 0.25 % of monthly charges per day shall apply.

However, the amount so deducted shall not exceed, in the aggregate, the value of the

performance security.

22. Forfeiture of Performance Security:

If the Service Provider fails / delays in performance of any of the obligations, under the

Contract / violates any of the provisions of the Contract / commits breach of any of the

terms and conditions of the Contract the Purchaser may, without prejudice to any other

right of action / remedy it may have, forfeit Performance Security of the Service

Provider. Failure to supply required services within the specified time period will invoke

penalty as specified in this document. In addition to that, Performance Security amount

will be forfeited and the company will not be allowed to participate in future tenders as

well.

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23. Termination for Default:

23.1 If the Service Provider fails / delays in performance of any of the obligations,

under the Contract / violates any of the provisions of the Contract / commits

breach of any of the terms and conditions of the Contract, or engages in any

illegal activities, the Purchaser may, at any time, without prejudice to any other

right of action / remedy it may have, by written notice served to the Service

Provider, indicate the nature of the default(s) and terminate the Contract, in whole

or in part, without any compensation to the Service Provider; provided that the

termination of the Contract shall be resorted to only if the Service Provider does

not cure its failure / delay, within fifteen working days (or such longer period as

the Client may allow in writing), after receipt of such notice.

23.2 If the Purchaser terminates the Contract for default, in whole or in part, the

Purchaser may procure, upon such terms and conditions and in such manner as it

deems appropriate, Services / Works, similar to those undelivered, and the Service

Provider shall be liable to the Purchaser for any excess costs for such similar

Services / Works. However, the Service Provider shall continue performance of

the Contract to the extent not terminated.

24. Termination for Insolvency:

If the service provider becomes bankrupt or otherwise insolvent, the Purchaser may, at

any time, without prejudice to any other right of action / remedy it may have, by written

notice served on the Service Provider, indicate the nature of the insolvency and terminate

the Contract, in whole or in part, without any compensation to the Service Provider.

25. Termination for Convenience:

25.1 The Purchaser may, at any time, by written thirty (30) days’ notice served on the

Service Provider, terminate the Contract, in whole or in part.

25.2 The Services which are complete or to be completed by the Service Provider,

within thirty working days after the receipt of such notice, shall be accepted by

the Purchaser. For the remaining services, the Purchaser may elect:

26. Force Majeure:

26.1 Force majeure shall mean any event, act or other circumstances not being an

event, act or circumstance under the control of the purchaser or of the Service

Provider. Non-availability of materials/supplies or of import license or of export

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permit shall not constitute Force majeure. If by reasons of Force Majeure supplies

or services cannot be delivered by the due delivery date then the delivery date

may be extended appropriately by the purchaser keeping in view all the

circumstances and requirements of the Purchaser.

26.2 The Service Provider shall not be liable for liquidated damages, forfeiture of its

Performance Security, blacklisting for future tenders, termination for default, if

and to the extent of his failure / delay in performance /discharge of obligations

under the Contract is the result of an event of Force Majeure.

26.3 If a Force Majeure situation arises, the Service Provider shall, by written notice

served on the Purchaser, indicate such condition and the cause thereof. Unless

otherwise directed by the Purchaser in writing, the Service Provider shall continue

to perform under the Contract as far as is reasonably practical, and shall seek all

reasonable alternative means for performance not prevented by the Force Majeure

event.

27. Dispute Resolution:

27.1 The Purchaser and the Service Provider shall make every effort to amicably

resolve, by direct informal negotiation, any disagreement or dispute arising

between them under or in connection with the Contract.

27.2 If, after thirty working days, from the commencement of such informal

negotiations, the Purchaser and the Service Provider have been unable to

amicably resolve a Contract dispute, either party may, require that the dispute be

referred for resolution by arbitration under the Pakistan Arbitration Act, 1940, as

amended, by one or more arbitrators selected in accordance with said Law. The

place for arbitration shall be Lahore, Pakistan. The award shall be final and

binding on the parties.

28. Statutes and Regulations:

28.1 The Contract shall be governed by and interpreted in accordance with the laws of

Pakistan. The Service Provider shall, in all matters arising in the performance of

the Contract, conform, in all respects, with the provisions of all Central,

Provincial and Local Laws, Statutes, Regulations and By-Laws in force in

Pakistan, and shall give all notices and pay all fees required to be given or paid

and shall keep the Purchaser indemnified against all penalties and liability of any

kind for breach of any of the same.

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28.2 The Courts at Lahore shall have the exclusive territorial jurisdiction in respect of

any dispute or difference of any kind arising out of or in connection with the

Contract.

29. Taxes and Duties:

The Service Provider shall be entirely responsible for all applicable taxes, duties and

other such levies imposed by the concerned local provincial and federal authorities in

Pakistan.

30. Contract Cost:

The Service Provider shall bear all costs / expenses associated with the preparation of the

Contract and the Purchaser and shall in no case be responsible / liable for those costs

/expenses e.g. Contract Stamp duty charges etc.

31. Authorized Representative:

The Purchaser, or the Service Provider may, at their exclusive discretion, appoint their

Authorized Representative and may, from time to time, delegate any / all of the duties /

authority, vested in them, to their authorized Representative(s), including but not limited

to, signing on their behalf to legally bind them, and may, at any time, revoke such

delegation.

31.1 The Authorized Representative shall only carry out such duties and exercise such

authority as may be delegated to him, by the Purchaser, or the Service Provider.

31.2 Any such delegation or revocation shall be in writing and shall not take effect

until notified to the other parties to the Contract.

31.3 Any decision, instruction or approval given by the Authorized Representative, in

accordance with such delegation, shall have the same effect as though it had been

given by the Principal.

31.4 Notwithstanding above Clause, any failure of the Authorized Representative to

disapprove Services or Works shall not prejudice the right of the Client to

disapprove such Services or Works and to give instructions for the rectification

thereof.

31.5 If the Service Provider questions any decision or instruction of the Authorized

Representative of the Purchaser / the Client, the Service Provider may refer the

matter to the Purchaser / the Client who shall confirm, reverse or vary such

decision or instruction.

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32. Special Stipulations:

SCHEDULE-A, SPECIAL STIPULATIONS

For ease of Reference, certain special stipulations are as under:

Tender Security

The Service Provider shall furnish the Tender Security as under:

for the whole Tender;

The Bank Guarantee, issued by a scheduled bank operating in

Pakistan, in the name of the Purchaser, as per the format provided

in the Tender Document or in form of Call Deposit Receipt

(CDR)/ Demand Draft (DD)/ Payorder (P.0); for a sum 2% of

total estimated price i.e 1,200,000/- (annual); denominated in Pak

Rupees; Have a minimum validity period of one hundred and

eighty days from the last date for submission of the Tender or

until furnishing of the Performance Security, whichever is later

Performance Security

The successful Bidder shall furnish Performance Security as

under:

within ten (10) working days of the receipt of the Acceptance

Letter from the Purchaser;

in the form of a Bank Guarantee, issued by a scheduled bank

operating in Pakistan/Demand Draft/Pay Order/CDR/AA Rated

Insurance Guarantee, as per the format provided in the Tender

Document or in another form acceptable to the Purchaser;

denominated in Pak Rupees; Have a minimum validity period of

one year from the date of Award Notification or until the date of

expiry of yearly support period.

The successful Tenderer shall submit a performance security for

05% of the annual contract value. The Performance Security shall

be returned to the Tenderer after 60 working days after provision

of services.

Signing of Contract

The Purchaser shall, after receipt of the Performance Security

from the successful Tenderer, send the Contract provided in the

Tender Document, to the successful Tenderer. Within ten working

days of the receipt of such Contract, the Tenderer shall sign and

date the Contract and return it to the Purchaser.

Start date for

operation

To provide the services on said date and time, as specified by the

Purchaser.

Contract Period The contract will be for 1 years

Liquidated damages

for

failure / configuration

of

Services by the Service

If and when applicable, liquidated damages (LD) shall be levied

for delay start date of services @ 0.25 % of the annual contract

value (Monthly quoted price x 12)

However, the amount so deducted shall not exceed, in the

aggregate, the value of the performance security. The Liquidated

Damages are attributable to such part of the Services as cannot, in

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Provider consequence of the failure / delay, be put to the intended use, for

every day between the scheduled delivery date(s), with any

extension of time thereof granted by the Purchaser, and the actual

delivery date(s)

Legal Status to Work in

Pakistan The Bidder must be allowed and meet all conditions set forth by

the GoPb to work with all concerned parties of the private, public,

and not for profit sectors.

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Annexure-A : Technical Proposal Submission Form

Technical Proposal Submission Form

[Date]

To _(Name and address of Client / Purchaser)_

Dear Sir/Madam,

We, the undersigned, offer to provide the (insert title of assignment)_ in accordance with your

Request for Proposal/Tender Document dated _(insert date)_ and our Proposal. We are hereby

submitting our Proposal, which is in conformity with the instruction given by the purchaser.

We undertake, if our Proposal is accepted, for provision of Bus on Monthly Rental Basis for Pick

& Drop of Staff in PAMCO. We also confirm that the Government of Pakistan / Punjab has not

declared us, or any, ineligible on charges of engaging in corrupt, fraudulent, collusive or coercive

practices. We furthermore, pledge not to indulge in such practices in competing for or in

executing the Contract, and we are aware of the relevant provisions of the Proposal Document.

We understand you are not bound to accept any Proposal you receive.

Yours sincerely,

Authorized Signature and Seal (Stamp)

(In full and initials)

Name and Designation of Signatory

Name of Firm

Address

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Annexure-B: Financial Proposal Submission Form

(Part of Financial Bid Envelope)

Name of the Company/Firm :____________________

Address of the Company/Firm :____________________

NTN No :____________________

STRN No (If Any) :____________________

Sr.

No

Description

Location

Monthly

Service

Charges (Rs)

1

Monthly charges of Provision of 42 Seater Bus

for Staff Pick & Drop Services

PMMC (18-Km Multan

Road, Shahpur Kanjran,

Multan Road, Lahore)

Total

Provincial Sales Tax (PST) if Any

Grand Total Inclusive of all Taxes

________________________

Authorized Signature with Stamp

_________________________

Name

_________________________

Date

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Annexure-C: Instructions for preparation of power of

attorney

a) To be executed by an authorized representative of the bidder.

b) The mode of execution of the Power of Attorney should be in accordance with the

procedure, if any, laid down by the applicable law and the charter documents of the

executants and when it is so required the same should be under common seal affixed in

accordance with the required procedure.

c) Also, wherever required, the Bidder should submit for verification the extract of the

charter documents and documents such as a resolution/power of attorney in favor of the

Person executing this Power of Attorney for the delegation of power hereunder on behalf

of the Bidder.

d) In case the Application is signed by an authorized Director / Partner or Proprietor of the

Applicant, a certified copy of the appropriate resolution / document conveying such

authority may be enclosed in lieu of the Power of Attorney.

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Annexure-D: Format of POWER OF ATTORNEY

(bidder’s letter head officially signed and stamped)

We (name of the company and address of the registered office) do hereby appoint and authorize

Mr. / Ms. (full name and residential address) bearing Pakistan’s Computerized National Identity

Card (CNIC) no. (Complete CNIC No.) who is presently engaged with us and holding the

position of as our attorney, to do in our name and on our behalf, all such acts, deeds and things

necessary in connection with or incidental to our proposal for (name of the Operation) in

response to the tenders invited by the (name of the Purchaser) including signing and submission

of all documents and providing information/responses to (name of the Purchaser) in all matters in

connection with our Bid.

We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant

to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall

and shall always be deemed to have been done by us.

Dated this _____ day of ____________________ 20__

For ________________________________

(Signature)

(Name, Designation and Address)

Accepted

(Signature)

(Name, Title and Address of the Attorney)

Date:

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Annexure-E: Undertaking

UNDERTAKING

It is certified that the information furnished here in and as per the document submitted is true and

correct and nothing has been concealed or tampered with. We have gone through all the

conditions of tender and are liable to any punitive action for furnishing false information

documents.

Dated this _____ day of ____________________ 20__

Signature

(Company Seal)

__________________

In the capacity of

Duly authorized to sign bids for and on behalf of:

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Annexure-F: Tender Security Form

TENDER SECURITY FORM

WHEREAS [Name and Address of the Service Provider] (hereinafter called "the Service

Provider") has submitted Tender against Tender Name (hereinafter called "the Tender") to the

[Name and Address of the Purchaser] (hereinafter called "the Purchaser") for the Total Tender

Price of PKR (in figures ____________________) (in words

___________________________________).

AND WHEREAS [Name of the Bank] having registered office at [Address of the Bank]

(hereinafter called "the Guarantor") has agreed to give the Operator a Guarantee;

THEREFORE the Guarantor hereby affirms to bind himself, his successors and his assigns to the

Purchaser, for the sum of PKR (in figures ____________________) (in words

___________________________________) and undertakes to pay to the Purchaser, upon receipt

of his written demand(s), any sum(s) as specified by him, not exceeding the above limit in

aggregate, without cavil / argument and without the Purchaser having to substantiate / prove or to

show grounds / reasons for such claim(s), on the occurrence of any / all of the following

conditions:

1. If the Operator withdraws the Tender during the period of the Tender validity specified by the

Operator on the Tender Form; or

2. If the Operator does not accept the corrections of his Total Tender Price; or

3. If the Operator, having been notified of the acceptance of the Tender by the Purchaser during

the period of the Tender validity, fails or refuses to furnish the Performance Security, in

accordance with the Tender Document. Provided that the Purchaser shall specify the occurred

condition(s) owing to which the said sum is due to him. Provided further that any demand(s) /

claim(s) from the Purchaser shall reach the Guarantor within thirty working days after the expiry

of the Guarantee. This guarantee shall remain valid up to ___________________ or until

furnishing of the Performance

Security, whichever is later.

Date this ________________day of 2016.

GUARANTOR

Signature __________________

CNIC # __________________

Name __________________

Designation __________________

Address __________________

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Annexure-G: PERFORMANCE SECURITY

Issuing Authority:

Date of Issuance:

Date of Expiry:

Claim Lodgment Date:

WHEREAS [Name and Address of the Service Provider] (hereinafter called "the Service

Provider") has agreed to supply the Services and render the Services against Tender Name

(hereinafter called "the Contract") for the Contract Value of PKR (in figures

____________________) (in words ___________________________________).

AND WHEREAS it has been stipulated in the Tender Document that the successful Service

Provider shall furnish Performance Security, within ten working days of the receipt of the

Acceptance Letter from the Purchaser, in the form of a Bank Guarantee, issued by a scheduled

bank operating in Pakistan, as per the format provided in the Tender Document or in another

form acceptable to the Purchaser, valid from the date of issue until all obligations have been

fulfilled in accordance with the Contract;

AND WHEREAS [Name of the Bank] having registered office at [Address of the Bank]

(hereinafter called "the Guarantor") has agreed to give the Service Provider a Guarantee;

THEREFORE the Guarantor hereby affirms to bind himself, his successors and his assigns to the

Purchaser, for the sum of PKR (in figures ____________________) (in words

___________________________________) and undertakes to pay to the Purchaser, upon receipt

of his written demand(s), any sum(s) as specified by him, not exceeding the above limit in

aggregate, without cavil / argument and without the Purchaser having to substantiate / prove or to

show grounds / reasons for such claim(s), on the occurrence of any / all of the following

conditions:

1. If the Service Provider commits a default under the Contract;

2. If the Service Provider fails to fulfill any of the obligations under the Contract;

3. If the Service Provider violates any of the provisions of the Contract.

Provided that the Purchaser shall specify the occurred condition(s) owing to which the said sum

is due to him. And further provided that any demand(s) / claim(s) from the Purchaser shall reach

the Guarantor within thirty working days after the expiry of the Guarantee.

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This guarantee shall remain valid up to ___________________ or until expiry of warranties or

all obligations have been fulfilled in accordance with the Contract, whichever is later.

Date this ________________day of 2016.

GUARANTOR

Signature __________________

CNIC # __________________

Name __________________

Designation __________________

Address __________________

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Annexure-H: Format for Covering Letter

To

(Name and address of Purchaser)

Sub: ________________________________________________.

Dear Sir,

a) Having examined the tender document and Appendixes we, the undersigned, in

conformity with the said document, offer to provide the said items on terms of reference

to be signed upon the award of contract for the sum indicated as per financial bid.

b) We undertake, if our proposal is accepted, to provide the items/services comprise in

the contract within time frame specified, starting from the date of receipt of notification

of award from the client Department / Office.

c) We agree to abide by this proposal for the period of ____ days (as per requirement of

the Services) from the date of bid opening and it shall remain binding upon us and may

be accepted at any time before the expiration of that period.

d) We agree to execute a contract in the form to be communicated by the _(insert name

of the Purchaser)_, incorporating all agreements with such alterations or additions thereto

as may be necessary to adapt such agreement to the circumstances of the standard.

e) Unless and until a formal agreement is prepared and executed this proposal together

with your written acceptance thereof shall constitute a binding contract agreement.

f) We understand that you are not bound to accept a lowest or any bid you may receive,

not to give any reason for rejection of any bid and that you will not defray any expenses

incurred by us in biding.

g) We would like to clearly state that we qualify for this work as our company meets all

the prequalification criteria indicated on your tender document. The details are as under:

_________________________

Authorized Signatures with Official Seal

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Annexure-I: Standard Monetary Deductions for

Default/Non-performance of Services

Rate per Service Day (RPSD) = (Bid Value x 12) / [365]

Description of Infraction Fine for each occurrence(PKR)

Non-Provision of Vehicle on Working Day 1 X RPSD

Tender Notice Hiring of Bus on Monthly Rental Basis …pamco.bz/downloads/Bid documents for Hiring...

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